From Deseret News archives:
Man resentenced to less prison time in crash deaths
Since he already has served so much time in federal custody, he will immediately be released from federal prison and turned over to immigration officials for deportation to Mexico.
Isidro Aranda-Flores, 26, was resentenced by U.S. District Judge David Sam following a ruling by the 10th Circuit Court of Appeals that struck down an "enhancement," or additional prison time, previously requested by prosecutors who said Aranda-Flores had been reckless in his actions.
Sam had sentenced Aranda-Flores in 2005 to 6 1/2 years in prison for the head-on car wreck that claimed the life of one of Aranda-Flores' passengers, Bernarda Gordillo, 62, and the man driving the other car, Travis Smith, 19, of Mesa, Ariz.
Aranda-Flores' lawyer, Sharon Preston, said her client was driving four other individuals, all of whom had lived in the United States illegally for a number of years. Aranda-Flores, who was 21 at the time of the 2002 accident, was taking the others to their U.S. homes in Pennsylvania from a funeral that had been held in Arizona.
Aranda-Flores fell asleep at the wheel.
He pleaded guilty to one count of transporting illegal aliens resulting in death.
Prosecutors asked the judge for the extra prison time, claiming Aranda-Flores was "reckless" because he began driving at night, avoided the interstate highway to elude police, was the only driver and had been at the wheel for nine hours.
But the 10th Circuit Court of Appeals said Aranda-Flores had not been reckless, but had been negligent, which removed one legal enhancement from his original sentence.
Sam said that because this was a reduction in sentencing, it was not necessary for Aranda-Flores to be present at Wednesday's hearing.
E-mail: lindat@desnews.com
